St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1887-09-29
DECISION OF INTERSTATE COM
MISSION.
The Central Vermont Must Abandon It's
Illegal Rates.

DECISION OF INTERSTATE COM
MISSION.
The Central Vermont Must Abandon It's
Illegal Rates.
The interstate commerce commission
decided against the Central Vermont
railroad in the case brought against
that company by the Vermont state
grange and the Boston and Albany
railroad. The commission declares IL
legal the action of the Central in
charging less rate, in similar services,
for a long than short haul over their
lines between Boston and Detroit, Mil
waukee aud Chicago. In deciding the
case the commission holds that the
Central Vermont and the other roads
over which the National Dispatch line
operates are responsible for the rates
made by that line, which in law is
their agent for the purpose of making
them. 1t further holds that the Bos-
ton and Albany has on its own behalf
no ground of complaint against the
defendants. Its grievance, if any, is
that the defendant roads make lower
charges on the long haul traffic than it
makes. But this they have no right
to do. In the high local rates the Bos-
ton and Albany has no concern. 1t
was said in the argument that it was
interested in the question, because if
the Central Vermont could lawfully
make the higher charge on the shorter
haul, the Boston and Albany desired
to know it, that it might do the same.
But this was no reason for instituting
these proceedings, for any case must
stand on its own facts, and it would
not follow that what would be lawful
to the CentraI VOr.-~.,+ ..onId he law
full for the Boston and Albany, the Cir
cumstances and condition of whose
traffic might be altogether different.
The state grange, however, represent
the local rates, had right to complain
of them, and on its complaint this case
was disposed of on the merits.
The decision proceeds as follows:
The main reliance of the defense was
upon the showing of the competition
which the defendants must meet in
their long haul traffic. 1t was shown
that for traffic between Boston and
the West there was actual or possible
by steamers to Portland,
and thence over the Grand Trunk by
steamers to Halifax and thence over
the Intercolonial by the Southeastern
railroad to connect with the Canadian
Pacific by the several trunk lines, and
by combinations of carriers, requiring
no special mention. The evidence,
however, is entirely conclusive that
the competition which is troublesome
to defendants is that of the trunk lines.
1t has differentials, and it is because
they are possessed of the shorter lines
that the differentals become necessa-
~. The defendants do not fear the
of a route by Halifax, or
of any of the other circuitOus routes
that can be organized, and such lines
do not constitute circumstances and
having any perceptible
bearing on the present controversy.
The circumstances and conditions that
must justify the greater charge or the
shorter haul over the Central Vermont
line, must be such as spring from
trunk line competition.
What then are the peculiar circum-
stances and conditions which consti
tute the difference between the case
before us and cases of railroad cOmpe-
Jition in generals The principal diff
ference must be found in the fact that
the trunk lines have interior or shorter
ines compared with the line of the de
PENDANTS and the latter are compelled,
therefore, to make very low rates on
heir through traffic. This is neces-
sity of the situation, a necessity that
exists whenever long and short lines
compete. The long line must accept
'he rates made by the short line, and,
perhaps make concessions from them.
In this respect there is nothing pecu
lar in the pOsitisn of these defendants. |
There are roads in every part of the
which can make the same claim
md with the same justice. 1t is a |
claim that could be advanced whenev
,r route, however circuitOus, could |
Dc found for lOng-haul traffic. A line |
rom Boston to Detroit, for example,
night be formed by the way of the
Chesapeake and Ohio railway, and one
rom Chicago to st. Louis by way of
st. Paul. The greater the departure
rom a direct line the greater would |
be the necessity for low
'ates on through traffic, and the great
II the liability to have the charges or
he local traffic increased to make the
carriage of through traffic possible.
But without enlarging on this branch
aging that such peculiar facts are not
ound to exist in this case as will justi-
y the greater charge on the shorter
inc.
There remains only the duty to
make and issue the order which the
acts found require. The Central Yer
mont and the other defendants con-
erned with it i'm interstate traffic be-
ween Boston and St. Adams and Bos
on and Ogdensburg, respectively, in
luding those points, must wholly
ease and desist from charging or re-
eiving in respect to any part OF such
raffic greater compensation for
of like kind Of prop
rty for a shorter than for a longer
distance over the same line in the
anne direction, the shorter being in
luded within the longer distance. In
this duty we neither do,
IOr with propriety can express any
piniOn upon the intrinsic reasonable
ess or justice of the rates heretofore
imposed, except to this extent That
We do not think it was shown by the
violence that when the local tariffs are
made to conform to the letter of the
aw as above directed they will be un-
The commission adjourn
d to meet in Washington.